Railroad Co. v. Halstead
West Virginia Supreme Court
An appeal from an order o,f the circuit court of Fay-•ette county, setting aside a report of commissioners ap-under tbe provisions of chapter forty-two of the 1° ascertain a just compensation to the appellee, Halstead, the defendant below, for certain land owned by him, situate in said comity, which was proposed to be taken by the Chesapeake and Ohio Railroad Company, the appellant here and the plaintiff below, for its uses and purposes.
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An appeal from an order o,f the circuit court of Fay-•ette county, setting aside a report of commissioners ap-under tbe provisions of chapter forty-two of the 1° ascertain a just compensation to the appellee, Halstead, the defendant below, for certain land owned by him, situate in said comity, which was proposed to be taken by the Chesapeake and Ohio Railroad Company, the appellant here and the plaintiff below, for its uses and purposes. The facts sufficiently appear in the opinion of the Court. The Hon. Henry L. Gillaspie, judge of said circuit court, presided at the trial.
1Opinion of the Court
Paull, Judge :
This was a proceeding on the part of the Railroad Company, under the provisions of chapter forty-two of the ' Code of West "Virginia, for taking so much of the defendant Halstead’s lands as they required for their use, in the county of Fayette.
Commissioners were duly appointed to make the ap-praisement required by law, and on the 24th day of February, 1871, made and signed their report, which was returned to court. At a term of the court held on the 22d day of May, 1872, the defendant Halstead, by counsel, moved the court to set aside said report, for errors appearing on its…
2Cases cited1 opinion
- Chesapeake & Ohio Railroad v. PattonWest Virginia Supreme Court · 1873
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